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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 11153/2011 CNR: RJHC020181072011 | URN: CW / 18880U / 2011 Suo Motu ----Petitioner Versus State Of Raj ----Respondent Connected With D.B. Civil Writ Petition No. 5102/2019 CNR: RJHC020226762019 | URN: CW / 8849U / 2019 Pyar Singh Meena S/o Ramesh Chand Meena ----Petitioner Versus State Of Rajasthan ----Respondent D.B. Civil Writ Petition No. 8224/2019 CNR: RJHC020342842019 | URN: CW / 14436U / 2019 Raj Kumar Meena S/o Girraj Prasad Meena ----Petitioner Versus State Of Rajasthan ----Respondent D.B. Civil Writ Petition No. 16799/2024 CNR: RJHC020929332024 | URN: CW / 34963U / 2024 Suo Motu- In The Matter Of Save The Rivers, Lakes And Water Bodies ----Petitioner Versus Union Of India ----Respondent For Petitioner(s) : Dr. Abhinav Sharma, Amicus Curiae through VC with Mr. Vishal Choudhary Dr. Ganesh Parihar Mr. MS Raghav with Mr. Vishvas Saini & Mr. Mananjay Singh Mr. Ranvijay Singh Mr. Parth Singh Dhakad for Mr. Pradeep Choudhary Ms. Muskan Verma Ms. Palak Sinha &

Mr. Umang Jain For Respondent(s) : Mr. Rajendra Prasad,Advocate General assisted by Mr. Sheetanshu Sharma Mr. RD Rastogi, Sr. Advocate through VC assisted by Mr. Devesh Yadav Mr. BS Chhaba, AAG assisted by Mr. Vinayam Saran, AAAG, Ms. Mahi Choudhary &

Ms. Eva Jhajharia Mr. Rakesh Choudhary on behalf of Mr. Bharat Vyas, ASG Mr. SS Hora Mr. Amit Kuri with Mr. Ayush Sharma &

Mr. Dharma Ram Mr. Sunil Sharma HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

13/08/2026

1. In terms of the directions issued by us on 30.07.2026, Mr. Rajendra Prasad, learned Advocate General has placed before us an affidavit of the District Collector of its compliance. Documents have been placed and a list of encroachers in the catchment area of the rivers and the small drains which fall in the flow of water towards Ramgarh dam have been enlisted. The names of the encroachers have also been mentioned. At several places, the government land and river bed have been freshly cultivated by the encroachers and in several places the drains have been filled up changing the natural course of drains.

2. Learned Advocate General has submitted that a drive to remove all the encroachments on the way is continuing in all cases where the notices have already been issued under Section 91 of the Land Revenue Act, 1956 (for short ‘the Act of 1956) and under Section 72 of the Jaipur Development Authority Act, 1982 (for short ‘the Act of 1982’) and actions are being taken to remove such encroachments. However, there are several encroachers to whom no notice could be given so far, but they are enlisted in the list attached with this affidavit. Affidavit also contains report regarding places where the encroachments have been removed by the concerned Tehsildars and Revenue Officers.

3. Having noticed the affidavit, we find that there are huge number of encroachments which have been identified in the five tehsils namely, Andhi, Jamwa Ramgarh, Amer, Shahpura and Viratnagar. Such encroachments need to be removed. These are the persons who are ranked trespassers on government land. They have no authority in law to continue in possession of the land which is in the nature of gair mumkin nalla, gair mumkin pahad, charagah land, nadi or similar nature and which fall in the direct catchment area or in the flow of the water of the said rivers flowing towards the lake.

4. We find that the encroachers are in huge number, therefore, it may take long time for individual notices under Section 91 of the Act of 1956 and under Section 72 of the Act of 1982, to be served. As per law, they are required to be notified and given at least 15 days’ time to remove the encroachments at their own level before the State Government and its functionaries to take action.

5. We, therefore, direct that the list, as enclosed with this affidavit relating to encroachers of all the